RI Supreme Court Rules Against RISP Superintendent’s Firing of Trooper
GoLocalProv
RI Supreme Court Rules Against RISP Superintendent’s Firing of Trooper
Justice Maureen McKenna Goldberg, writing for the Court, “By all accounts, Lieutenant Staci K. Shepherd (Lt. Shepherd or plaintiff) was the epitome of a Rhode Island State Police trooper, having honorably served that distinguished institution for twenty-two years. During her tenure, Lt. Shepherd rose through the ranks, earning commendations and letters of recognition from citizens, attorneys, state police superintendents, multiple police chiefs, and a governor. Colonel James M. Manni, then the superintendent of the Rhode Island State Police, expressed during his deposition that, notwithstanding the disabling injury that ended her career, Lt. Shepherd would have been appointed a member of his command staff and been one of the “key players” in his administration. Unfortunately, and sadly, on May 2, 2017, Lt. Shepherd participated in the annual firearms requalification program and suffered a heart attack, rendering her permanently disabled at the age of 49.”
GoLocal reported extensively about the case in 2020.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST“As a result, Lt. Shepherd filed an application for a disability pension in accordance with G.L. 1956 § 42-28-21 and Article XIV of the collective-bargaining agreement (CBA) between the State of Rhode Island and the Rhode Island Troopers Association. In due course, Superintendent Manni issued a written decision and concluded that Lt. Shepherd failed to satisfy her burden of proving that the heart attack was causally related to her employment. Accordingly, Superintendent Manni denied the application for a disability pension.,” wrote Goldberg.
Shepard then sued the State Police and for years the case has been in litigation.
During the course of the litigation and according to the Supreme Courts decision, “Lieutenant Shepherd advised that she had been under the consistent care of Daniel J. Levine, M.D., Director of the Advanced Heart Failure Program at Rhode Island Hospital, and was “still suffering the effects of the multiple cardiac events that I have sustained.” Lieutenant Shepherd elucidated that “the damage done to my heart has directly affected my energy and stamina,” that “[r]outine exertion results in significant fatigue that greatly limits my every day activities,” and that “n Dr. Levine’s opinion, although I have reached maximum medical improvement, I am unable to return to my position to serve in a full-duty capacity with no restrictions.”
According to court documents, “On August 14, 2020, Superintendent Manni issued an eleven-page decision and denied the application for a disability pension. Superintendent Manni determined, as a matter of fact, that Lt. Shepherd “suffered [an] injury causing disability” and that such disability was “permanent.” Superintendent Manni also concluded—purportedly as a matter of fact—that “Lieutenant Shepherd did not prove that her disabling injury was suffered ‘in the course of performance of her duties.’”
According to the Supreme Court decision:
Independent of the events immediately following her participation on the qualification course—which included being rushed into surgery while in cardiac arrest and receiving two stents—Dr. Noonan also expressed that although Lt. Shepherd had few risk factors, he had:
“concerns that her employment as a lieutenant in the Rhode Island State Police may have contributed to these risk factors associated with coronary atherosclerosis. Specifically mental stress associated with her position as both as a state trooper and as an administrator and unusual work hours with reduced food choices based on these hours may be a contributor. There is data that episodic increases in adrenergic tone with catecholamines from mental, emotional and physical stress may be associated with increased atherosclerosis. As an active Lieutenant in the Rhode Island State Police and as an administrator she is exposed to these stresses in her work environment.”
The Supreme Court, led by Goldberg, determined the firing was unjust. Today, Manni is the Town Manager for South Kingstown.
Judge William Robinson, III, dissented, claiming that Manni, in his role, had great discretion. “Under our clear precedent, it was the superintendent’s role to exercise his ‘great discretion’ in choosing between those two somewhat different approaches to the disability pension issue, and I firmly maintain that his choice as to causal nexus should have been accorded great deference4—even if some other decision-maker might have chosen differently,” wrote Robinson in his dissent.